How Does an Immigration Visa Work?

What is an Immigration Visa?

A visa is a stamp that allows you to travel through points-of-entry in the United States with the approval of the U.S. Department of Homeland Security and U.S. State Department. According to the department's website, "a visa does not guarantee entry into the United States."

There is a long list of visas for all sorts of use (mostly non-immigrant), but immigration visas are issued for foreign citizens wishing to establish permanent residence in the United States. The exact type issued is dependent on immigration law and classifications. They fall under three categories: family related, job related, or education related.

Types of Immigration Visas

Many immigrants come to the United States to live with loved ones or to work. There are nine subheads on the Department of State website that cover several types of immigration classes.

The first are visas for relatives. Fiances who are foreign nationals and newly-adopted foreign children fall under this category, as do family members of permanent residents. In these cases, the U.S. permanent resident must sponsor the relative, prove enough income to provide for said relative and sign an Affidavit of Support.

The second category is for work visas. All of these begin with the letter "E" and are then numbered 1 through 5 in subcategories. The top tier is for "persons of extraordinary ability in the sciences, arts, education, business, or athletics, [or] outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally." Top tier E1s may or may not require jobs to enter the country, but the other tiers do.

There are also sections for Iraqi nationals under duress who have worked for the government and Arabic translators, as well as clergy members.

How to Apply

Interested immigrants can get forms from the website, or can visit their country's American embassy. After filling out the required paperwork, the petition is approved and handed over to the National Visa Center, who then contacts the sponsors and verifies information.

It is during this step that the visa applicant may need to submit proof of vaccinations, DNA samples and other documents. If everything is handed in on time in a the proper fashion, the immigrant is then given their visa number.

The date of issue can be estimated from the bulletin that the NVC issues in print and on the website. The bulletin tells people what application date they're up to, and when processing will begin on the next batch. According to Findlaw, "Suppose you look under your country and preference category, and see that the State Department is working on applications they received in May 2003. If your priority date is May 2005, then you may have to wait several more years for an immigrant visa number to become available."

Resources

• U.S. Citizenship and Immigrant Services: Visa Resources
• United States Visas: Coming Permanently